HomeMy WebLinkAbout10-25-1994 Planning Commission Special Meeting MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday,
October 25, 1994 at 5:00 PM at the City Administration Building, 161 N.
Section Street.
Present: Chairman Richard Sanderson; members, Maxwell Killoch, William
Richmond, Cindy McBrearty, Debbie Quinn, John Duck, Tim Kant
This was a special meeting called for the sole purpose of taking action on High
Ridge Estates. This came before the Commission at the October 3 meeting but
no action was taken because Mr. Sanderson could not get someone to present
a motion to approve or deny. Bob had commented at the last meeting that
if we don't act on it that within 30 days it will be automatically approved.
Mr. Sanderson asked Bob to speak and he said that his recommendation is
no different from before, that under County zoning it is R-2 which requires
20,000 sq ft, that the health department is reviewing it, it has sandy soil
which should not present problems. He sees no grounds for disapproving it.
Mr. Sanderson called for a motion and Maxwell Killoch moved to approve the
request to re -subdivide 3 lots into 4 as presented originally by Mr. Leavitt.
William Richmond seconded and motion carried with the vote being for
approval: Killoch, Richmond, McBrearty, Duck and Sanderson. against
motion: Tim Kant and Debbie Quinn. Dr. Mullins, an adjacent property
owner asked to speak, he asked if they were not required to have 75 ft at the
building setback line, Bob replied yes. Dr. Mullins asked how could they do
that and Bob replied just move back far enough from the street. He said
the adjoining property owners problem was that it was first divided from 2-3
lots and now coming back for 3 to 4 lots, that the spirit of the subdivision
was large lots with room to do other things, that he has found out that not all
of the deeds have this, and these will be inconsistent with what in there,
changing the character of the neighborhood. That he understood that Mr.
Bonnell had to go and put in the road with the clu-de-sac. John Duck spoke
saying he had set up the subdivision for Mr. Bonnell and it did not have
any lot restrictions when he subdivided. Penny Odom spoke saying that her
lot had a 50 ft frontage restriction. She asked why Claude Jansen had to do
this and Mr. Leavitt not have to do this. Tim Kant asked if they have restric
on the deed how can we(commission) void the deed. Bob said we have no
authority to enforce restrictive covenants.
Mr. Sanderson said that the commission is in sympathy with the people who
oppose it, but, we can't enforce restrictive covenants. Cindy spoke saying
that them saying we are setting a precedent does not hold, that there are
are a lot of R-1 and R-2 adjacent to each other now in Fairhope and there
are trailers adjacent to this street now, that this action would not cause
a decrease in the value of their property. Dr. Mullins said that we said his
only recourse is through the circuit court but they do not wish to sue.
Mr. Sanderson asked again for a vote on the motion and it was the same as
shown above.
There being no further business, meeting was duly adjourned.
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